no-formal-hierarchy-required:-third-circuit-affirms-tier-iii-designation-of-the-grey-wolves-and-broad-reach-of-the-ina’s-material-support-bar Case Commentaries

Revocation Sentences May Run Consecutively to Related State Time Without Full “Credit” — Eleventh Circuit Affirms Within-Discretion Deterrence Focus

Date: Sep 19, 2026

Revocation Sentences May Run Consecutively to Related State Time Without Full “Credit” — Eleventh Circuit Affirms Within-Discretion Deterrence Focus 1. Introduction In United States v. Robert Lee...

Prison Mailbox Rule Bars Rule 41(b) Dismissal for “Failure to File” When an Amended Complaint Was Signed and Delivered for Mailing Before the Dismissal Order

Date: Sep 19, 2026

Prison Mailbox Rule Bars Rule 41(b) Dismissal for “Failure to File” When an Amended Complaint Was Signed and Delivered for Mailing Before the Dismissal Order 1. Introduction In Shaun Stewart v. Ried...

Discretion to Hear Untimely Criminal Appeals When the Government Does Not Object (and Reaffirmation of “Intent + Substantial Step” for Attempt)

Date: Sep 19, 2026

Discretion to Hear Untimely Criminal Appeals When the Government Does Not Object (and Reaffirmation of “Intent + Substantial Step” for Attempt) Case: United States v. Shaquile Newson (consolidated...

Waiver by Conduct of a Parent’s Statutory and Due-Process Right to Appointed Counsel in South Dakota Termination Proceedings

Date: Sep 19, 2026

Waiver by Conduct of a Parent’s Statutory and Due-Process Right to Appointed Counsel in South Dakota Termination Proceedings Introduction Interest of P.R.M., 2026 S.D. 47, is a South Dakota Supreme...

Harmless-Error Affirmance of Disputed Guideline Adjustments When the District Court Announces an Identical Alternative Sentence

Date: Sep 19, 2026

Harmless-Error Affirmance of Disputed Guideline Adjustments When the District Court Announces an Identical Alternative Sentence Case: United States v. George Willie Hughley (11th Cir. Sept. 17, 2026)...

Spoliation of Surveillance Video: Adverse Inference (Not Liability Preclusion) When Negligent Loss Causes Limited Prejudice

Date: Sep 19, 2026

Spoliation of Surveillance Video: Adverse Inference (Not Liability Preclusion) When Negligent Loss Causes Limited Prejudice 1. Introduction Alvarez v 100-10 67th Rd. Condominium (2026 NY Slip Op...

Preconception Co‑Parenting Agreements Extend to Later‑Conceived Siblings Absent Proof of Termination; Best-Interests Inquiry Follows Standing

Date: Sep 19, 2026

Preconception Co‑Parenting Agreements Extend to Later‑Conceived Siblings Absent Proof of Termination; Best-Interests Inquiry Follows Standing 1. Introduction Matter of Kelly C. v Chaya E. (2026 NY...

Pleading “Protected Activity” and Severe-or-Pervasive Harassment Under Title VII: Civility Complaints, Magistrate Authority Without Consent, and Rule 11’s Court-Filing Limitation

Date: Sep 19, 2026

Pleading “Protected Activity” and Severe-or-Pervasive Harassment Under Title VII: Civility Complaints, Magistrate Authority Without Consent, and Rule 11’s Court-Filing Limitation 1. Introduction In...

Dissenting Rule: Trial Courts Retain Postjudgment Jurisdiction to Redact Sexual-Assault Victim Identifiers Under § 54-86e, Even After Acquittal

Date: Sep 19, 2026

Dissenting Rule: Trial Courts Retain Postjudgment Jurisdiction to Redact Sexual-Assault Victim Identifiers Under § 54-86e, Even After Acquittal 1. Introduction In State v. Khan (Dissent), the Supreme...

Wyoming Must Fund True-Cost Teacher Salaries and Make Cumulative Annual Inflation Adjustments (ECAs) in the Legislative Model

Date: Sep 19, 2026

Wyoming Must Fund True-Cost Teacher Salaries and Make Cumulative Annual Inflation Adjustments (ECAs) in the Legislative Model Case: The State of Wyoming v. Wyoming Education Association, a Wyoming...

Beauchamp v. New York City Tr. Auth.: Future Medical Expenses Must Track Reasonably Certain Proof; Speculative Procedures Cannot Inflate Damages; Remittitur Benchmarks for Extraordinary Injuries

Date: Sep 19, 2026

Beauchamp v. New York City Tr. Auth.: Future Medical Expenses Must Track Reasonably Certain Proof; Speculative Procedures Cannot Inflate Damages; Remittitur Benchmarks for Extraordinary Injuries...

Telecommunications Wi‑Fi Cabling Is Not a Labor Law § 240(1) “Alteration,” and Public Service Law § 228 Does Not Shield Owners Outside Cable-TV Installations

Date: Sep 19, 2026

Telecommunications Wi‑Fi Cabling Is Not a Labor Law § 240(1) “Alteration,” and Public Service Law § 228 Does Not Shield Owners Outside Cable-TV Installations 1. Introduction In Hearns v Blended...

Penal Law § 450.10 Turnover Is Not a Substitute for Civil Title Adjudication: Prohibition Lies to Vacate Turnover Orders Resolving Disputed Ownership Without a Criminal Case

Date: Sep 19, 2026

Penal Law § 450.10 Turnover Is Not a Substitute for Civil Title Adjudication: Prohibition Lies to Vacate Turnover Orders Resolving Disputed Ownership Without a Criminal Case I. Introduction Matter of...

Separation-Agreement “Release Consideration” as Dismissal Pay: Allocation Bars UI Benefits and False Certifications Support Overpayment and Willful-Misrepresentation Penalties

Date: Sep 19, 2026

Separation-Agreement “Release Consideration” as Dismissal Pay: Allocation Bars UI Benefits and False Certifications Support Overpayment and Willful-Misrepresentation Penalties 1. Introduction Matter...

Speculation Is Insufficient: Newly Discovered Evidence About a Defense Expert’s Later Misconduct Does Not Satisfy Jones Absent a Probable Lesser Sentence

Date: Sep 19, 2026

Speculation Is Insufficient: Newly Discovered Evidence About a Defense Expert’s Later Misconduct Does Not Satisfy Jones Absent a Probable Lesser Sentence I. Introduction In Benjamin Davis Smiley, Jr....

Discretion to Set the Extent of Compassionate-Release Reductions After § 924(c) Anti-Stacking Changes, Guided by § 3553(a) and U.S.S.G. § 1B1.13(b)(6)

Date: Sep 19, 2026

Discretion to Set the Extent of Compassionate-Release Reductions After § 924(c) Anti-Stacking Changes, Guided by § 3553(a) and U.S.S.G. § 1B1.13(b)(6) Case: United States v. Demetrius Renaldo Bowers...

No Surprises Act: No Implied Private Right of Action to Enforce IDR Payment Awards

Date: Sep 19, 2026

No Surprises Act: No Implied Private Right of Action to Enforce IDR Payment Awards Court: United States Court of Appeals for the Second Circuit Case: E. Coast Advanced Plastic Surgery, LLC v. Cigna...

Second Circuit Establishes That Manual Cellphone Searches at the Border Are Routine, Suspicionless, and Unconstrained by an Independent First Amendment Warrant Requirement

Date: Sep 19, 2026

Second Circuit Establishes That Manual Cellphone Searches at the Border Are Routine, Suspicionless, and Unconstrained by an Independent First Amendment Warrant Requirement I. Introduction United...

Matter of Borochov: Reciprocal Public Censure When Foreign Misconduct Constitutes New York Misconduct (22 NYCRR 1240.13[b][3])

Date: Sep 19, 2026

Matter of Borochov: Reciprocal Public Censure When Foreign Misconduct Constitutes New York Misconduct (22 NYCRR 1240.13[b][3]) 1. Introduction Matter of Borochov (2026 NY Slip Op 05305) is a...

People v. Sukram Commentary

Date: Sep 19, 2026

Nonviolent Drug Felony Sentencing: Defendant Must Be Adjudicated a Second Felony Drug Offender (Not a Second Violent Felony Offender) 1. Introduction In People v Sukram (2026 NY Slip Op 05328), the...